Montana Hiring laws & HR compliance analysis

Montana Hiring: What you need to know

Discrimination. Under the Montana Human Rights Act, employers may not make inquiries of or impose qualifications on prospective employees because of race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex, unless the reasonable demands of the job in question require a distinction based on age, disability, marital status, or sex. The law applies to all employers in the state (Mont. Code § 49-2-101 et seq.). More information is available at the Montana Discrimination and Disabilities (ADA) sections.
Veterans’ preference. A private employer may adopt a policy that gives preference in hiring to veterans (Mont. Stat. § 39-29-203). In public employment, veterans are entitled to preference through a scored system (Mont. Stat. § 39-29-102).
Disability preference. In public employment, persons with disabilities or eligible spouses are entitled to a preference over applicants with substantially equal qualifications (Mont. Code § 39-30-201.).
Consumer reports. Employers must comply with the Montana statute regulating the use of consumer reports if they hire a third party to conduct a background check or obtain reports from outside agencies about individual applicants or employees (Mont. Code § 31-3-113 et seq.). More information is available at the Montana Background Checks section.
Social media. Employers may not require or request that an employee or a job applicant disclose a username or password to access a social media account, access personal social media in their presence, or divulge any personal social media information contained on personal social media, except under certain circumstances (Mont. Code § 39–2–307).
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